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HomeMy WebLinkAbout06/06/1994 - City Council1 ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 6, 1994 The City Council of the City of Costa Mesa, California, met in regular session June 6, 1994, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and invocation by Minister Andrew Wall, Church of Christ. Council Members Present: Mayor Sandra Genis Vice Mayor Jay Humphrey Council Member Mary Hornbuckle Council Member Peter Buffa Council Member Joe Erickson Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Transportation Services Manager Peter Naghavi Principal Planner R. Michael Robinson Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Buffa, seconded by Council Member May 16, 1994 Hornbuckle, and carried 5-0, the minutes of the regular meeting of May 16, 1994, were approved as distributed. ORDINANCES AND A motion was made by Council Member Buffa, seconded by Vice RESOLUTIONS Mayor Humphrey, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Genis expressed her thoughts on the meaning of "D -Day", 50th Anniversary and introduced former Mayor Jack Hammett, representing the World of "D -Day" War II Commemorative Committee, and Jim Henwood who presented awards to the following persons in observance of the 50th Anniversary of "D -Day", June 6, 1944: Bud Anderson; Mark Andrews; Betty Jean Beecher; Charles Beecher; Delvin Chubick; George Grupe; Edgar Fawcett; Kenneth G. Fowler; Sid Goldstein; Raymond Hajek; Harold "Bud" Hohl; Hugo Hunziker; Thomas Johnson; James Kaneaster; David Lester; Russ Millar; Edward Lynch; Louis Nockhold; Hank Panian; Robert "Mal" Phillips; Rick Pickering; Gladys Refakes; Allan Roeder; Gene Robens; David L. Snowden; and Lucien. Truhill. Mr. Henwood presented a commemorative community flag to the City. ANNOUNCEMENTS Mayor Genis announced that requests had been received to continue the following public hearings to the meeting of June 20, 1994: No. 4, Planning Action PA -94-11, Redevelopment Action RA -94-04, for expansion of the Stag Bar and deviation from shared parking requirements; No. 5, Planning Action PA -94-17 for a mortgage brokerage use at 3170 "A" Red Hill Avenue; No. 6, Certificate of Public Convenience and Necessity for A AAA Yellow Cab, Inc.; No. 7, Planning Action PA -94-01 for variance from street setback 'requirements in conjunction with construction of a 3000 -square -foot medical building at 121 East 17th Street; and No. 8, establishing a traffic impact fee for new development. ORAL COMMUNI- Janice Davidson, 1982 Arnold Avenue, Costa Mesa, stated that CATIONS Costa Mesa is located in a desert area, and reminded everyone to Water Conservation/ conserve water. She suggested using a net swimming pool cover as Pool Safety the most effective means of providing pool safety, and supported ,instituting a law that prohibits installing a pool without a cover. Nancy Palme, 1997 Kornat Drive, Costa Mesa, asked for Dorothy Brown ,information from the City regarding the Dorothy Brown School for School for Multiple ,Multiple Handicapped Children which periodically solicits door -to - Handicapped Children door in Costa Mesa. Mayor Genis asked for a report from Code ,Enforcement regarding this organization. .Lane Kussman, 3141 Boston Way, Costa Mesa, representing the Alcohol and Drug families impacted by the alcohol and drug recovery home located at Recovery Home 3132 Boston Way, presented a background of the home and Problems indicated that many problems have been experienced with the residents and their visitors. She indicated that there are currently ,eight paying boarders, a manager, and an assistant manager, living in a single-family dwelling in an R1 zone. The City Manager responded that the City is working with the County on this problem. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke regarding freedom Freedom of Speech of speech which was safeguarded by participation in World War II. Larry Hemming, 217 East 20th Street, Unit B, Costa Mesa, Access Appeals i submitted a petition to the Deputy City Clerk containing 46 Board Isignatures in support of his serving on the Access Appeals Board. Public Utilities Commission Applications before the Public Utilities Commission: Application No. 94-05-001 from Southern California Gas Company, requesting a rate increase of $5.716 million for On motion by Vice Mayor Humphrey, seconded by Council Member CONSENT Buffa, and carried 5-0, all Consent Calendar items were approved CALENDAR as recommended. MOTION/Approved Resolution 94-39, A RESOLUTION OF THE CITY COUNCIL OF WRITTEN COMMU- THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING NICATIONS/Adopted RECORDS DESTRUCTION FOR THE CITY ATTORNEY'S Resolution 94-39 OFFICE OF THE CITY OF COSTA MESA PURSUANT TO Authorizing Records ORDINANCE NO. 75-60, was adopted. Destruction The following Reading Folder items were received and processed: READING FOLDER Claims received by the Deputy City Clerk: Linda E. Anderholm; Claims Patty R. Brown; Costa Mesa Civic Playhouse; Gustav Frederick; Christopher M. De Diego; Irma Johnson; Elizabeth A. Micco; Lawrence Lawton Neal; and Robert L. Steinmann. Alcoholic Beverage Licenses for which parking has been approved Alcoholic Beverage by the Planning Staff: Lucky Stores, Inc., Delaware, doing Licenses business as Sav-on Drugs, 1175 Baker Street, Unit B, and at 1835 Newport Boulevard, Unit C. Public Utilities Commission Applications before the Public Utilities Commission: Application No. 94-05-001 from Southern California Gas Company, requesting a rate increase of $5.716 million for t S� shareholder incentives for its 1993 energy conservation program accomplishments. Application No. 94-05-008 from Southern California Edison Company (U -338-E) for authority to increase revenue requirements due to 1993 earnings claim for demand-side management programs. Application No. 94-05-017 from Southern California Edison Company (U -338-E) for authority to increase its return on common equity; adjust its authorized capital structure; adjust cost factors; and receive related substantive and procedural relief. Application No. 94-05-026 from Southern California Gas Company for authorization to establish its cost of capital for 1994. __ SET FOR PUBLIC The following item was set for public hearing on June 20, 1994, at HEARING/1994-95 6:30 p.m., in the Council Chambers of City Hall: Budget Hearing Set for June 20, 1994 Consideration of the City Budget for the 1994-95 fiscal year. WARRANTS Warrant Resolution 1572, funding City operating expenses in the Approved Warrant amount of $1,009,252.00; and Payroll 9409 for $1,188,633.66, were 1572; Payroll 9409 approved. Approved Warrant Warrant Resolution 1573, funding City operating expenses in the 1573; Payroll 9410 amount of $1,339,134.11; and Payroll 9410 for $1,191,151.35, were approved. REJECTED CLAIM A claim from Charles Meyer (vehicle damage and property damage Meyer due to alleged unsafe conditions on private property) was rejected. ADMINISTRATIVE General Municipal Election: ACTIONS Adopted Resolution Resolution 94-40, A RESOLUTION OF THE CITY COUNCIL 94-40 Calling a OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING General Municipal AND GIVING NOTICE THAT A GENERAL MUNICIPAL Election ELECTION WILL BE HELD TUESDAY, NOVEMBER 8, 1994, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES, was adopted. Adopted Resolution Resolution 94-41, A RESOLUTION OF THE CITY COUNCIL 94-41 Consolidating OF THE CITY OF COSTA MESA, CALIFORNIA, Municipal Election REQUESTING THE ORANGE COUNTY BOARD OF with Statewide SUPERVISORS TO CONSOLIDATE A GENERAL General Election MUNICIPAL ELECTION TO; BE HELD NOVEMBER 8, 1994) WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE, was adopted. Adopted Resolution Resolution 94-42, A RESOLUTION OF THE CITY COUNCIL OF 94-42, Approving THE CITY OF COSTA MESA, CALIFORNIA, APPROVING Supplement 003 for AND AUTHORIZING EXECUTION OF SUPPLEMENT 003 TO Newport/ 18th Inter- THE STATE LOCAL TRANSPORTATION PARTNERSHIP section Improvements PROGRAM AGREEMENT BETWEEN STATE DEPARTMENT OF TRANSPORTATION AND CITY OF COSTA MESA, was adopted for improvement of the Newport Boulevard/ 18th Street intersection; and the Mayor and Deputy City Clerk were authorized to sign the agreement on behalf of the City. Adopted Resolution Resolution 94-43, A RESOLUTION OF THE CITY COUNCIL OF 94-43 Approving THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE Used Oil Collection APPLICATION FOR GRANT FUNDS FROM THE USED OIL Grant Fund Applica- OPPORTUNITY GRANT RECYCLING FUND UNDER THE tion USED OIL RECYCLING ENHANCEMENT ACT FOR EDUCATION AND PUBLIC AWARENESS AND THE ENHANCEMENT OF THE EXISTING COLLECTION SYSTEM, was adopted. Approved Procedures. The following actions were taken to qualify for Measure "M" Funds: to Obtain Measure 'the Local Pavement Management Plan was certified; Maintenance of "M" Funds Effort for Fiscal Year 1994-1995 was approved; and the Seven -Year Measure "M"/Capital Improvement Program was approved. Approved Agreement The Professional Services Agreement with Ware & Malcomb with Ware & Architects, Inc., 18002 Cowan, Irvine, for $12,850.00, to design Malcomb to Design elevator installation at the Police Facility, a visual fire alarm for all Civic Center floors at City Hall and the Police Facility, and to retrofit stairwell Improvements handrails at the Police Facility, was approved; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Ratified Change The City Manager's approval of Change Order No. 2 for $1,300.00 Order No. 2, for to the contract with Louis T. Gabriel Construction, Inc., 32152 City Hall ADA Links Pointe, Laguna Niguel, in connection with Costa Mesa City Compliance, Project Hall Americans with Disabilities Act (ADA) Compliance -Toilets and No. 94-01 Conference Room Remodel, Project No. 94-01, was ratified. Rejected Bid for !One bid received for, Asbestos Removal and Demolition of the Asbestos Removal Recreation Building and Restroom at Paularino Park -1040 Paularino and Demolition of Avenue is on file in the City Clerk's office. The bid from ORA Recreation Building 'Environmental and Safety Engineering Company for $27,108.00 was at Paularino Park rejected. Awarded Phase I Regarding Phase I Slurry Seal Program and Citywide Street Slurry Seal and City- 'Maintenance, Project No. 94-05, IPS Services, Inc., was relieved of wide Street the bid proposal pursuant to the Public Contract Code; the contract Maintenance, Project was awarded to All American Asphalt, Post Office Box 2229, No. 94-05, to Corona, for $1,835,507.60, and the Mayor and Deputy City Clerk All American Asphalt were authorized to sign the Public Works Agreement on behalf of ,the City; and Change Order No. 1 for $163,500.00 to the contract with All American Asphalt was approved. Awarded Construc- Regarding Construction on State Highway Route 405 at Fairview tion on State High- .Road Southbound Off -ramp, Project No. 94-06, Federal and ISTEA way 405 at Fairview No. STPLN-5312(009), Gillespie Construction, Inc., was relieved Road, Project No. of the bid proposal pursuant to the Public Contract Code; the 94-06, to Los Angeles contract was awarded to Los Angeles Engineering, Incorporated, Engineering 4134 Temple City Boulevard, Rosemead, for $421,159.46, and the Mayor and Deputy City Clerk were authorized to sign the Public Works Agreement on behalf of the City. Awarded Rehabilita- Bids received for Street Rehabilitation on Westminster Avenue from tion of Westminster ;Del Mar Avenue to Monte Vista Avenue, Project No. 94-09, Ave., Project 94-09, are on file in the City Clerk's office. The contract was to All American !awarded to All American Asphalt, Post Office 2229, Corona, Asphalt for $303,719.84. IJ :j Awarded Boarding Bids received for Construction of Concrete Passenger Boarding Pads Pads at Bus Stops, at Bus Stops, Project No. 94-10, are on file in the City Clerk's Project No. 94-10, office. The contract was awarded to Nobest Inc., Post Office Box to Nobest 874, Westminster, for $26,500.00. Adopted Resolution Resolution 94-44, A RESOLUTION OF THE CITY COUNCIL OF 94-44 Relating THE CITY OF COSTA MESA, CALIFORNIA, IMPLEMENTING to Full-time GOVERNMENT CODE SECTION 20023(C)(4) PURSUANT TO Employees in the GOVERNMENT CODE SECTION 20615 RELATING TO PERS Miscellaneous EMPLOYEES IN THE MISCELLANEOUS CATEGORY WHO Category ARE FULL TIME, was adopted.. Approved Agreement The Professional Services Agreement with Costa Mesa Little League with Costa Mesa to supervise construction of installing youth athletic fields at Little League for TeWinkle Intermediate - California Elementary Schools, was Youth Athletic approved, and the Mayor and Deputy City Clerk were authorized to Fields sign on behalf of the20ty. Approved Refund to A refund of $12,000.00 was approved in conjunction with Arpeja, Inc. for completion of street improvements for Planning Action PA -93-17, PA-93-17/RA-93-02 Redevelopment Action RA -93-02, for property at 640/644 West 17th Street, by Arpeja, Inc., 1318 East Balboa Boulevard, Newport Beach. Approved Agreement The Professional Services Agreement with Americlean Environ - with Americlean mental Services, 5595 East 7th Street, Suite 104, Long Beach, for for Source Reduction $85,950.00, to administer the City's Source Reduction and and Recycling Ele- Recycling Element, was approved, and the Mayor and Deputy City ment Administration Clerk were authorized to sign on behalf of the City. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Landscaping Assess- set for the public hearing to consider a resolution levying an ment District No. 1 assessment for fiscal year 1994-1995 within City of Costa Mesa Landscaping Assessment District No. 1, Tracts 9901 and 12011, located south of Sunflower Avenue and east of Smalley Road. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. No communications were received. The Community Services Director reviewed the Agenda Report dated May 6, 1994. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Vice Mayor Resolution 94-45 Humphrey, and carried 5-0, Resolution 94-45, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1994-1995 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 1, was adopted. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Landscaping Assess- set for the public hearing to consider a resolution levying an ment District No. 2 assessment for fiscal year 1994-1995 within City of Costa Mesa Landscaping Assessment District No. 2, Tract 10513, located at the northwest corner of Bear Street and the Corona del Mar Freeway. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Five communications were received from property owners within the district who oppose the levy. The Community Services Director summarized the Agenda Report dated May 6, 1994. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Council Member Resolution 94-46 Hornbuckle, and carried 5-0, A RESOLUTION OF THE CITY Adopted 'COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ;LEVYING AN ASSESSMENT FOR FISCAL YEAR 1994-1995 !WITHIN CITY OF COSTA MESA LANDSCAPING ASSESS- MENT DISTRICT NO. 2, was adopted. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Automobile Club of set for the public hearing for Hogle-Ireland, Inc., authorized agent Southern California for the Automobile Club of Southern California and C.J. Segerstrom & Sons, for property located at 3333 Fairview Road, and an ;adjacent 9.7 -acre site immediately to the west, located north of ,South Coast Drive: Final Environmental Impact Report No. 1045. General Plan Amendment GP -94-01A, to redesignate property at 3333 Fairview Road from Industrial Park to Urban Center Commercial, and the adjacent 9.7 -acre site from Medium Density Residential to Urban Center Commercial, or as an alternative, to limit the proposed amendment to the property at 3333 Fairview Road, and to increase the maximum building intensity standard of the Urban Center Commercial designation for the site to 0.65 Floor Area Ratio (FAR). Rezone Petition R-94-01, to rezone property at 3333 Fairview Road from Industrial Park (MP) to Planned Development Commercial (PDC), and the adjacent 9.7 -acre site from Planned Development Residential - Medium Density (PDR -MD) to Planned. Development Commercial (PDC). Planning Action PA -94-15, for a Final Development Plan for a 500,000 -square -foot expansion (in two 250,000 -square -foot phases) of the existing Automobile Club facility, including two four-story buildings and a four -level parking structure, with a Conditional Use Permit for reduction of vehicle trips through a Transportation Demand Management Program. Development Agreement DA -94-01 for the Automobile Club expansion project. Tentative Parcel Map S-94-120, Karen Selleck/Robert Bein, authorized agent for C.J. Segerstrom & Sons, to subdivide a vacant parcel of approximately 45 acres into three parcels between Sunflower Avenue and South Coast Drive, west of 3333 Fairview Road in a PDR -MD zone, located in the 1300 block (odd - numbered side) of Sunflower Avenue. Environmental Determina- tion: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. The following communications were received: four letters opposed to the expansion; a petition containing 37 signatures in support; a petition containing 16 signatures in support; 39 letters in support; and four questionaires in support (without signatures). Council Member Buffa announced that he would abstain from discussing and voting on the Environmental Impact Report to comply 'with the City Attorney's Opinion No. 93-11 regarding a potential conflict of interest. Council Member Buffa left the Council Chambers at 7:20 p.m. ' I The Deputy City Manager/Development Services summarized the Agenda Report dated May 25, 1994. He showed transparencies which illustrated the scope of the proposed project, explaining that the architecture would be the same as the existing building, the new building would be under construction in the next year or two and would meet the immediate needs of the Automobile Club for any relocation from Los Angeles. He stated that Phase II is the build- out plan proposed for the next 10 to 20 years. During discussion, Mayor Genis stated that since the Automobile Club has claimed a 1.25 average vehicle occupancy, its trip generation rate is significantly lower than if the Traffic Demand Management (TDM) Program were not in place. She commented that since the Automobile Club is at 90 percent build -out and 100 percent trip generation, the correct trip end rate originally assigned may be incorrect. Mayor Genis expressed concern that other similar j uses may have been,;underestimated, and suggested that this could have a negative affect on the traffic model. She referred to the existing uses outlined in the Environmental Impact Report (EIR) which include a mixture of office, warehouse, storage, food service, and assembly, and asked about the method to be used to ensure that the future mix of uses will be consistent with the current mix. She also asked why the proposed improvements at Fairview Road and South Coast Drive were not included in the trip fee analysis list, and indicated that this omission could affect the $228.00 trip fee.. Mayor Genis expressed interest in the City's jobs/housing ratio compared to other cities, and the projected change in the jobs/housing ratio at the completion of the Automobile Club project. RECESS The Mayor declared a recess at 8:20 p.m., and reconvened the meeting at 8:45 p.m. Glenn Lajoie, EIR Project Manager, Robert Bein, William Frost & Associates, 14725 Alton Parkway, Irvine, while responding to questions from Council, stated that when the process was initiated, the notice of preparation and the draft 'EIR were sent to the Fish and Game Department, but they had no comment at that time. He stated that the only stipulation they imposed was that following project review and environmental determination, additional processing would result in the need for a 1603 agreement with their agency. Kendall Elmer, Project Manager, Austin -Foust Associates, Inc., 2020 North Tustin Avenue, Santa . Ana, referred to a graphic previously presented, pointing out that the intent was to separate the components of the existing Automobile Club site, such as services versus office building. He commented that the focus should be on the peak hours, and the current rate does not understate the generation if it is applied to pure office development. He stated that in the summary prepared by the Transportation Division, the trip rate seems to be correct. Peter McDonald, Chief Financial Officer, Automobile Club of Southern California, 3333 Fairview Road, Costa Mesa, reported that the Automobile Club project began in the late 1970's when the property was purchased, and the current facility containing 467,000 square feet was opened in 1982. He stated that this current project is the continuation of an intent to develop the property to its full potential and to satisfy housing needs. He noted the benefits of the Auto Club project as follows: providing quality employment oppor- tunities today and in the future; continuing a commitment to develop an attractive facility; and continuing a high standard of traffic management, including the highly effective ride share program. Mr. McDonald reported that in addition to existing employee programs, the Auto Club has agreed to pay almost 2.3 million dollars to the City to help improve traffic flow in streets adjacent to the facility; an additional 1.5 million dollars towards regional transportation systems; and direct revenues to the City will increase from $123,000.00 to over $212,000.00. Council Member Erickson stated for the record that he had partici- pated in several community meetings, as well as meetings with the Automobile Club as an individual, not as a Council Member. Larry Adamson, Assistant Administration Services Director for the Automobile Club, responded to a question from Council Member Erickson regarding a limitation on the parking requirements by stating that a reduction had been made in accordance with the Municipal Code. He responded to questions from the Mayor. Roy Andreen, 2769 Cibola Avenue, Costa Mesa, commented that 'the preceding conversation had been totally confusing. He expressed the opinion that the EIR is apparently adequate. Steve Willems, 3496 Wimbledon Way, Costa Mesa, President of the Wimbledon Homeowners Association, addressed the EIR stating that it is not based on reality, and related the difficulties he faces when using City streets. His main concern was that the EIR does not accurately represent the impact to the people who live in his community. He pointed out that the EIR is prepared for the purpose of mitigating problems; however, it does not address many of his questions and Council's questions, and urged that it not be approved. 'Janet Remington, 1154 Boise Way, Costa Mesa, expressed concern that in the General Plan, densities and intensities were reduced to avoid the 19th Street and the Gisler Avenue bridges, and the EIR does not address this problem should the numbers be in error. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, reported that he had been informed that the Average Vehicle Ridership (AVR) for 'the Automobile Club in Los Angeles was 1. 17, as opposed to 1.29 for the Costa Mesa office. In reference to the Austin -Foust traffic study which used the manual driveway count, and is lower than the mechanical count, he suggested that this be redone. He indicated that the EIR does not address the truck traffic generated by the post office and the additional truck traffic generated by a large administrative building. j John Rodeffer, 1118 San Jose Avenue, Costa Mesa, stated that the EIR does not address the impact on the General Plan Citywide, noting that the trip generation is underestimated. He also stated that there did not appear to be any funding mechanism required of the Automobile Club for impact on the freeway. Frank Cole, 2482 Fairview Way, Costa Mesa, President of the Fairview Village Homeowners Association, commented that the EIR was well done; however he did not feel that traffic generated by the Orange County Fairgrounds had ever been addressed, nor the true a.m. and p.m. peak hours on Fairview Road. Mr. Cole was puzzled as to why contractors hired to prepare an EIR are then attacked in public for the work they performed. n 9�. Jan Luymes, 592 Park Drive, Costa Mesa, noted a serious concern from a traffic perspective that the Automobile Club was maximized at the Industrial Park designation. Secondly, she observed that the EIR does not address the 57 Freeway extension. Regarding the housing imbalance, she commented that she has heard concern expressed regarding the increase in high density housing. Nancy Palme, 1997 Kornat Drive, Costa Mesa, clarified that she is a member of both the City and County committees to remove the 19th Street and Gisler Avenue bridges from the Master Plan of Arterial Highways, and as part of that effort has addressed traffic counts for Huntington Beach and Fountain Valley which seem to contain a great many errors. She commented that removal of the bridges was not dependent upon Costa Mesa reducing densities. Gene Hutchins, 1808 Kinglet Court, Costa Mesa, stated that the EIR does not address the Jssue of the bridges nor does it reflect the .60 Floor Area Ratio (FAR) through the entire area north of the 405 Freeway and west of Fairview Road. He felt that the project was sold on low trip ends and thought that, in reality, the Automobile Club is .in an Industrial Park area and actually has more trips than the rate allowed for that designation in the General Plan. Mayor Genis clarified that the General Plan policy is not to approve development that would require the bridges, and stressed that the information on trip generation and the jobs/housing ratio had been requested by her many times previously, including at the April 11, 1994, City Council/Planning Commission Study Session. MOTION A motion was made by Council Member Erickson, seconded by EIR No. 1045 Vice Mayor Humphrey, to continue the public hearing on EIR No. Continued to 1045 to the meeting of June 20, 1994, to allow for clarification of June 20, 1994 trip generation rates, traffic counts, how the counts were taken, any discrepancies, truck traffic, the 57 Freeway extension, and the jobs/housing ratio policy. The Mayor asked if the above listed issues could be resolved in two weeks. The Deputy City Manager/Development Services responded that the consultants have provided their best opinions, and that the answers may not be different in two weeks. He stated that the document has gone through two revisions, legal review in-house and by outside attorneys, and they are comfortable with the transporta- tion generation rates and jobs/housing balance. He explained that an EIR can be certified if the information provided is reasonable and the best available data presented in accordance with staff's opinion. Substitute Motion A substitute motion was made by Council Member Hornbuckle, to Adopt Resolution seconded by Council Member Erickson, to adopt the resolution Withdrawn certifying EIR No. 1045 and incorporate the disagreement among experts as part of the final EIR. After considerable discussion, Council Member Hornbuckle withdrew the substitute motion. Mayor Genis noted for the record that there is a reference in the document that the growth management element is still pending; however, it was recently approved. The Deputy City Manager/Development Services explained that the entire EIR cannot be revised in two weeks; however, reports can be made which explain the rationale, or how the trip generation use was derived for the traffic studies, and logical alternatives can be examined. He clarified that staff would respond with reports at the 10 June 20, 1994, meeting addressing the issues of the job/housing balance, how the trip generation was derived, analysis of alternatives, analysis of office only, and run whatever charts and numbers possible. The motion carried 3-1 ', Council Member Hornbuckle voting no, and Council Member Buffa abstaining. RECESS The Mayor declared a recess at 11:05 p.m., and reconvened the meeting at 11:25 p.m., at which time Council Member Buffa returned to the Council Chambers. ohn Killian, 14509 Devlin Avenue, Norwalk, an independent :ontractor for the Automobile Club, spoke in favor of the expansion vhich will positively. affect him and his employees. He also ;xpressed gratitude to the Automobile Club for their participation in he freeway service patrol who do an excellent job keeping traffic noving on the freeways. oy Andreen, 2769 Cibola Avenue, Costa Mesa, reported that when �e original application for the Automobile Club was approved, they id announced that they had plans for expansion. He stated that Bey had fulfilled the requirements that are necessary for this plan to forward, especially by working to keep traffic counts down, and ;iterated that adoption of this plan assures the continued use of this to in a mode that enhances the City. He mentioned that the levelopment Agreement should provide that the City Council would )prove any site plan changes if the Automobile Club decided not to (ercise their building rights. Kurt Nelson, 1104 San Jose Avenue, Costa Mesa, commented that the Automobile Club is a good neighbor, and expressed hope that during the interim there will be amendments to the Development Agreement which disallow generous entitlements to be assiged to third parties or adjusted to allow the current applicant to deviate from the requested expansion. Mark Bundy, 1110 San Jose Avenue, Costa Mesa, expressed concern over traffic issues apparent in Wimbledon Village by vehicles which use their streets as a cut -through. He suggested that the Village may be devastated by intense traffic movement, and asked that attention be given to this matter. Kurt Nelson, 1104 San Jose Avenue, Costa Mesa, remarked that the Automobile Club is a very good neighbor. Fred Hernandez, 2619 Santa Ana Avenue, Suite I, Costa Mesa, representing Latinos Costa Mesa, supported the Automobile Club application because of the employment that would be offered. Kevin Austin, 854 West Wilson Street, Costa Mesa, supported the Automobile Club expansion because it is a good corporate citizen and a very desirable tenant. Nancy Austin, 566 Traverse Drive, Costa Mesa, spoke highly of the Automobile Club, stating that it enhances the community. Council Member Buffa asked the Public Services Director for an informational summary on the progress on Mr. Bundy's problem at the Wimbledon Village. 1 Mayor Genis noted that it had been previously indicated that the City would not be required to give money to the City of Santa Ana for intersection improvements as referenced in their letter of April 7, 1994. The City Attorney stated that he would ascertain from the Automobile Club their reservations regarding the specific FAR for the Industrial Park designation. MOTION/Industrial A motion was made by Council Member Erickson, seconded by Use Alternative Vice Mayor Humphrey, and carried 4-1, Council Member Buffa Referred to Planning voting no, requesting a recommendation from the Planning Commission Commission for the Industrial Use alternative. Council Member Buffa explained that he did not support the motion because he believed that both the City and the applicant had invested quite a bit of time in the document, and believed that it would render the EIR more vulnerable to challenge. MOTION/Remaining On motion by Council Member Erickson, seconded by Vice Mayor Auto Club Appli- Humphrey, and carried 5-0, the remaining public hearing items on ations Continued to the Automobile Club were continued to the meeting of June 20, June 20, 1994 1994: General Plan Amendment GP -94-01A; Rezone Petition R-94- 01; Planning Action PA -94-15; and Development Agreement DA -94- 01; and Tentative Parcel Map 5-94-120. PUBLIC HEARING On motion by Vice Mayor Humphrey, seconded by Council Member Appeal of PA -94-11/ Buffa, and carried 5-0, the following public hearing was continued RA -94-04, Murdock to the meeting of June 20, 1994: MOTION Appeal of the Planning Commission and Redevelopment Agency Continued to denials of Planning Action PA -94-11, Redevelopment Action RA - June 20, 1994 94-04, from William A. Murdock, 767 Promontory Drive, Newport Beach, authorized agent for Blanche Pope/Pope Family Trust, for conditional use permits to legalize expansion of the Stag Bar into the former George's Hoagies, and to deviate from shared parking requirements; with Redevelopment Agency review, located at 145 East 19th Street in a C1 zone. Environmental Determination: Exempt. PUBLIC HEARINGS On motion by Vice Mayor Humphrey, seconded by Council Member MOTION/Continued Erickson, and carried 5-0, the following public hearings were to June 20, 1994 continued to the meeting of June 20, 1994: Appeal of PA -94-17, Appeal of the Planning Commission's denial of Planning Action Morey/Beck PA -94-17 from Keith B. Morey/Oceanview Financial, authorized agent for Grace Fellowship Church/Bill Beck, for conditional use permits to allow a mortgage brokerage use in a 3,200 -square -foot portion of an industrial building, and to deviate from shared parking requirements, located at 3170 "A" Red Hill Avenue in an MP zone. Environmental Determination: Exempt. A AAA Yellow Cab, Continued from the meeting of May 2, 1994, Certificate of Public Inc. Convenience and Necessity for Hossein A. Nabati, A AAA Yellow Cab, Inc., doing business as West Coast Cab Co., 941 Santiago Avenue, Santa Ana. Appeal of PA -94-01 Continued from the meeting of May 16, 1994, application from from Scarcello Eugene S. Scarcello, 1706-B Newport Boulevard, Costa Mesa, appealing the Planning Commission's approval of Planning Action PA -94-01, Brennan Cassidy, authorized agent for the City of Costa Mesa, for a variance from street setback requirements (20 feet required, 4 - 10 feet proposed), in conjunction with f!, 12 construction of a 3000 -square -foot medical building at 121 East 17th Street in a C2 zone. Environmental Determination: Negative Declaration. Traffic Impact Fee Resolution establishing a traffic impact fee pertaining to new development in the City of Costa Mesa and related capital improvement plan for transportation improvements. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 16, Polical and Illegal 1994, second reading and adoption of Ordinance 94-9, relating to Signs political signs and removal of illegal signs in public rights-of-way, and City Attorney's Report No. 94-39B. The City Attorney reviewed his report dated May 18, 1994. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Ordinance 94-9 Hornbuckle, and carried 5-0, Ordinance 94-9, AN ORDINANCE Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 5-118, 5-121, 5-128, 5- 129, 12-44, AND 15-7 OF THE COSTA MESA MUNICIPAL CODE RELATING TO POLITICAL SIGNS AND REMOVAL OF ILLEGAL SIGNS IN PUBLIC RIGHTS-OF-WAY, was given second reading and adopted. OLD BUSINESS On motion by Council Member Buffa, seconded by Vice Mayor Residential Rehabili- Humphrey, and carried 5-0, the following item was continued to the tation Committee meeting of June 20, 1994: Continued from the meeting of May 16, MOTION/Continued 1994, appointment of members to the Multi -family Residential to June 20, 1994 Rehabilitation Incentive ad hoc Committee. OLD BUSINESS The Deputy City Clerk presented a report on negotiations with Balearic Center Newport -Mesa Unified School District for lease of Balearic Center. Lease Agreement A petition containing 134 signatures and 39 communications were received in support of retaining the programs at Balearic Center. The City Manager reported that deliberations with the Newport - Mesa Unified School District are nearing completion, and asked for direction regarding course of action to take. Discussion ensued regarding the City's responsibility to pay the American with Disabilities (ADA) improvements at Balearic Center. 'Chris Ludlow, 1915 Sumba Circle, Costa Mesa, supported a favorable resolution of this issue as Balearic Center and its programs are important to many people in the community. Gayle Kipnis, 2704 Albatross Drive, Costa Mesa, explained that she had participated in classes with her children at Balearic Center, and reported that her grandmother, who is confined to a wheelchair, can ,access the facility and the restroom. jKevin Austin, 854 West Wilson Street, Costa Mesa, spoke_ in support of retaining programs for children at Balearic Center. Herman Kuhlendahl, 20011 Beaumont Circle, Huntington Beach, representing a karate group which uses Balearic Center, stated that ,karate has been a very positive community activity and encouraged renewal of the lease. Walter Stevens, 2255 Tustin Avenue, Newport Beach, stated that the community had afforded children a well -organized, disciplined, recreational, and character -building program of karate at the Balearic Center, which has been beneficial to the City. 1 MOTION A motion was made by Vice Mayor Humphrey, seconded by Approved Lease in Council Member Hornbuckle, and carried 5-0, to approve the lease Concept, and in concept with the three-year option and one-year termination Continuation of clause, and to continue with the negotiations with the Newport -Mesa Negotiations Unified School District, specifically addressing the ADA concerns to find ways. to limit our exposure to ADA costs either by establishing a maximum amount, by a shared cost arrangement, or a combination of both. . Regarding the ADA issue, Council Member Buffa stated that he would be unwilling to contribute on a matching basis or to contribute up to a certain point. He felt it was outrageous that the District would suggest to a potential tenant that they pay for the ADA improvements. He recommended taking a strong stand on this issue. NEW BUSINESS The Deputy City Clerk presented a resolution supporting Proposition Proposition 177 177 on the June 7, .1994, ballot, which grants tax relief to property owners who make accessibility improvements to their facilities. Vice Mayor Humphrey explained that he supported this resolution because the City is active in ADA compliance and would benefit from the proposition. MOTION On motion by Council Member Buffa, seconded by Council Member Resolution 94-47 Erickson, and carried 5-0, Resolution 94-47, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, SUPPORTING PROPOSITION 177, was adopted. CITY ATTORNEY The City Attorney requested that the following report be continued REPORT/South in order for South Coast Plaza to have an opportunity to review the Coast Plaza Compli- comments by the Building Official: Continued from the meeting of ance Agreement May 16, 1994, Disabled Access Compliance Agreement with South Coast Plaza. MOTION On motion by Council Member Buffa, seconded by Mayor Genis, Continued to and carried 5-0, this item was continued to the meeting of June 20, June 20, 1994 1994. CITY ATTORNEY The City Attorney presented his Report No. 94-45 regarding the REPORT/Triangle settlement agreement for 19th Street sidewalk ramps for Triangle Square Sidewalk Square Shopping Center. He noted for the record that during Ramps discussions with Triangle Square, he indicated that the City would attempt to negotiate to share the costs for the construction work pursuant to the maintenance agreement. He reported that in regard to the settlement agreement with the Attorney General, although it does not admit any City liability, the City does agree to complete the required improvements to bring three curb ramps into conformance with current specifications. MOTION On motion by Council Member. Hornbuckle, seconded by Council Agreement Approved Member Erickson, and carried 5=0, the agreement was approved, and the Mayor was authorized .to sign on behalf of the City. CITY ATTORNEY The City Attorney stated that the request for closed session pursuant REPORT/Request for to Government Code Section 54956.9(C), to discuss whether or not Closed Session: to initiate litigation regarding a public nuisance at 2052 Wallace Wallace Avenue Avenue, was not necessary since the facts stated in the report are a Public Nuisance matter of public record. He summarized the Agenda Report dated May 25, 1994. MOTION A motion was made by Council Member Buffa, seconded by Litigation Authorized Vice Mayor Humphrey, and carried 5-0, directing the City CITY MANAGER REPORT 1994-95 City Budget CITY MANAGER REPORT Police Department MOU MOTION MOU Approved; Resolution 94-48 Adopted COUNCIL COMMENTS Hathaway Leaving ADJOURNMENT iey to initiate litigation regarding a public nuisance at Wallace Avenue. The City Manager presented the City Budget for Fiscal Year 1994- 95. He reported that; the budget is balanced and does not rely on any tax increases yet supports basic services such as public safety, street and parkway maintenance, parks and recreation, and support services. He announced the budget meetings as follows: general budget meeting Wednesday, June 8, 1994, from 4:00 p.m. to 6:00 p.m., fifth floor conference room of City Hall; formal Council Study Session Monday, June 13, 1994, 2:00 p.m., fifth floor conference room; general budget meeting June 15, 1994, 4:00 p.m. to 6:00 p.m., in the fifth floor conference room; and the City Council public hearing on June 20, 1994, at 6:30 p.m., in -the Council Chambers. The City Manager presented the Memorandum of Understanding (MOU) with the Costa Mesa Police Association; and a resolution establishing the rates of pay for sworn police classifications. He reviewed the Agenda Report dated June 1, 1994. On motion by Council Member Hornbuckle, seconded by Vice Mayor Humphrey, and seconded 5-0, the MOU was approved, and Resolution 94-48, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE RATES OF ' PAY FOR SWORN POLICE CLASSIFI- CATIONS, was adopted. Council Members Buffa, Humphrey, and Genis encouraged everyone to vote in the Primary Election Tuesday, June 7, 1994. Council Member Hornbuckle announced that this was the last Council meeting, after 19 years, for Ben Hathaway of the Communications Department. The Mayor declared .the meeting adjourned at 12:40 a.m Mayor of the City of Costa Mesa ATTEST: T. , Deputy City lerk of the City of Costa Mesa 4 ` I. 1